RAJKUMAR PRASAD Vs. ABBOTT HEALTHCARE PVT.LTD.

JUDGEMENT

(1.) This appeal is directed against the order dated 04.10.2013 passed by a learned Single Judge of this Court in CS(OS) 1801/2013, whereby the plaint filed by the appellant/plaintiff was directed to be returned to the appellant/ plaintiff under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the CPC'), to be presented before a court of competent jurisdiction.

(2.) The suit had been filed by the appellant/ plaintiff seeking permanent injunction based on alleged infringement of its copyright, infringement of its trademarks, passing off, dilution, rendition of accounts, damages and delivery up etc. It is an admitted position that the appellant/ plaintiff is a company incorporated under the laws of the State of Delaware, United States of America and that all the defendants reside in Mumbai and do not carry on business within the jurisdiction of this Court. The appellant/ plaintiff claimed that this Court has jurisdiction to entertain the said suit on account of the provisions of Section 134(2) of the Trademarks Act, 1999 and Section 62(2) of the Copyright Act, 1957. The specific plea with regard to jurisdiction was made in paragraph 32 of the plaint which reads as under:-

(3.) The appellant/plaintiff is, inter alia, engaged in the development, production and marketing of television programming, pay-per-view programming, live events and the licensing and sale of branded consumer products featuring its well known World Wrestling Entertainment (WWE) brand. The WWE scratch logo and World Wrestling Entertainment are registered trademarks of the appellant/plaintiff worldwide including India. The appellant/plaintiff is also the owner of the copyright of the pictorial representations of World Wrestling Entertainment and WWE Wrestlers and the WWE scratch logo as they appear on various publicity materials and promotional merchandise of the appellant/ plaintiff. The appellant/ plaintiff also has trademark registrations in respect of various WWE talent names and talent slogans such as JOHN CENA, BATISTA, UNDERTAKER, TRIPLE H, RANDY ORTON etc.